USA v. Donell Hatcher

USA v. Donell Hatcher

Defendant / Appellant:	DONELL HATCHER, AKA D, AKA Darnell
Plaintiff / Appellee:	UNITED STATES OF AMERICA
Case Number:	20-10188
Filed:	June 9, 2020
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

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This docket was last retrieved on June 10, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 10, 2020	Filing 2 Filed order (Appellate Commissioner): On June 9, 2020, appellant filed, pursuant to Federal Rule of Appellate Procedure 4(c)(1), a notice of appeal from the district courts May 21, 2020 order denying appellants motion to rescind his judgment and conviction. Because the notice of appeal was filed more than 14 days after entry of the order, it was not timely under Federal Rule of Appellate Procedure 4(b)(1)(A). The notice of appeal was, however, filed within 30 days after the expiration of the time to file the notice of appeal. See Fed. R. App. P. 4(b)(4). Accordingly, this case is remanded to the district court for the limited purpose of permitting the district court to provide appellant notice and an opportunity to request that the time for filing the notice of appeal be extended, for a period not to exceed 30 days from the expiration of the time prescribed by Rule 4(b), upon a finding of excusable neglect or good cause. See Fed. R. App. P. 4(b)(4); United States v. Ono, 72 F.3d 101, 103 (9th Cir. 1995) (order); United States v. Stolarz, 547 F.2d 108 (9th Cir. 1976). The district court is requested to make this determination at its earliest convenience and to send to this court a copy of its order setting forth the basis for its determination. The district court is also requested to serve its orders on appellant at the following address: Reg. No. 86714-011, FCI Lompoc, Federal Correctional Institution, 3600 Guard Road, Lompoc, CA 93436. The proceedings in this court are held in abeyance pending the district courts determination. The Clerk shall serve this order on the district judge.(Direct Criminal) [11717642] (JPD) [Entered: 06/10/2020 02:07 PM]
June 9, 2020	Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. Reporters Transcript required: Yes. Sentence imposed: 168 months. Transcript ordered by 06/30/2020. Transcript due 07/30/2020. Appellant briefs and excerpts due by 09/08/2020 for Donell Hatcher. Appellee brief due 10/08/2020 for United States of America. Appellant's optional reply brief is due 21 days after service of the answering brief. [11716136] (JBS) [Entered: 06/09/2020 02:08 PM]

Date Filed

Document Text

June 10, 2020

Filing 2 Filed order (Appellate Commissioner): On June 9, 2020, appellant filed, pursuant to Federal Rule of Appellate Procedure 4(c)(1), a notice of appeal from the district courts May 21, 2020 order denying appellants motion to rescind his judgment and conviction. Because the notice of appeal was filed more than 14 days after entry of the order, it was not timely under Federal Rule of Appellate Procedure 4(b)(1)(A). The notice of appeal was, however, filed within 30 days after the expiration of the time to file the notice of appeal. See Fed. R. App. P. 4(b)(4). Accordingly, this case is remanded to the district court for the limited purpose of permitting the district court to provide appellant notice and an opportunity to request that the time for filing the notice of appeal be extended, for a period not to exceed 30 days from the expiration of the time prescribed by Rule 4(b), upon a finding of excusable neglect or good cause. See Fed. R. App. P. 4(b)(4); United States v. Ono, 72 F.3d 101, 103 (9th Cir. 1995) (order); United States v. Stolarz, 547 F.2d 108 (9th Cir. 1976). The district court is requested to make this determination at its earliest convenience and to send to this court a copy of its order setting forth the basis for its determination. The district court is also requested to serve its orders on appellant at the following address: Reg. No. 86714-011, FCI Lompoc, Federal Correctional Institution, 3600 Guard Road, Lompoc, CA 93436. The proceedings in this court are held in abeyance pending the district courts determination. The Clerk shall serve this order on the district judge.(Direct Criminal) [11717642] (JPD) [Entered: 06/10/2020 02:07 PM]

June 9, 2020

Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. Reporters Transcript required: Yes. Sentence imposed: 168 months. Transcript ordered by 06/30/2020. Transcript due 07/30/2020. Appellant briefs and excerpts due by 09/08/2020 for Donell Hatcher. Appellee brief due 10/08/2020 for United States of America. Appellant's optional reply brief is due 21 days after service of the answering brief. [11716136] (JBS) [Entered: 06/09/2020 02:08 PM]

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Defendant / appellant: DONELL HATCHER, AKA D, AKA Darnell
Represented By:	Donell Hatcher
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Plaintiff / appellee: UNITED STATES OF AMERICA
Represented By:	Thomas Anthony Colthurst Esquire
Represented By:	Merry Jean Chan
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